Author Topic: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?  (Read 5646 times)

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Offline whitecap333

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Re: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?
« Reply #15 on: August 06, 2012, 07:57:03 PM »
Ordinarily, a major insurer would not issue a D&O policy except as part of a package including a General Liability policy, one of the reasons being to avoid spats with other insurers about which of the two forms a loss falls under.  The former would generally be "claims-made" and the latter "occurrence" based.  The underwriters endeavor to eliminate overlapping coverage between the two forms.  One way this is done is to remove coverage for "bodily injury" from the D&O form, and limit coverage to "bodily injury and property damage" under the GL form.  Coverage for this event would be provided, in the first instance, by the prior "occurrence" based GL policy.  It is far more likely than not that the prior coverage was also issued by Travelers.  What Crump would like to do, obviously, is "stack" the policy limits of the D&O and GL forms to double the potential recovery.  This "Dec Action" does not necessarily mean that Travelers will not aggressively defend the suit, when it is filed. 

Offline DebFrmHell

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Re: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?
« Reply #16 on: August 06, 2012, 08:24:58 PM »
What is the liability of the individual homeowners at 1211  and 1221 Twin Trees? I looked at the plat map and it looks like the actual property where the altercation occurred belongs to them.

Other than the patios, I suspect that all sidewalks and grassy areas are covered by the liability insurance held by the Condo Association.  Those are common areas.   I have owned two condos, one of them much like the one in Sanford only mine was in Jacksonville.  My liabilty and contents covered basically everything within the sheet rock and the front door.   

I am confused on the policy for the D & O.  It sounds like an additional policy that covers Directors, Officers employees of the HOA only in the event of a lawsuit and is separate from structural or general liability.

Way out of my league....

Offline whitecap333

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Re: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?
« Reply #17 on: August 06, 2012, 09:05:28 PM »
Ordinarily, in a situation like this, any civil action would be stayed pending resolution of the criminal proceeding.  Probably wheels within wheels whirring here.  Crump has probably made demand to settle within the limits of coverage, to set the insurer up for a judgment in excess of the limits.  That's one reason the underwriters might be trying to get a judicial determination of their liability, if any, under the D&O policy.  Not sure how the court will manage that, in the absence of a complaint.  But I've probably got it all wrong--too many unknown variables.

Offline FromBelow

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Re: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?
« Reply #18 on: August 06, 2012, 09:13:12 PM »
Crump has probably made demand to settle within the limits of coverage, to set the insurer up for a judgment in excess of the limits.

I was wondering about that. 1 million isn't a lot for Crump nowadays. He's into multi-million dollar settlements.

Offline nomatter_nevermind

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Townhouses vs. Condos
« Reply #19 on: August 06, 2012, 10:02:55 PM »

Other than the patios, I suspect that all sidewalks and grassy areas are covered by the liability insurance held by the Condo Association.  Those are common areas.   I have owned two condos, one of them much like the one in Sanford only mine was in Jacksonville.  My liabilty and contents covered basically everything within the sheet rock and the front door.   

I think that is the reason the units are called 'townhouses' (or 'townhomes') as opposed to 'condominiums'. The sidewalks are common, but the lawns are attached to the units.

Offline DebFrmHell

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Re: Townhouses vs. Condos
« Reply #20 on: August 07, 2012, 03:07:51 AM »
I think that is the reason the units are called 'townhouses' (or 'townhomes') as opposed to 'condominiums'. The sidewalks are common, but the lawns are attached to the units.

I was looking over the specs for a townhouse that is for sale and the acreage listed is .07 so I agree with you that the owners have the yard.  I also looked at a zoning map for verification.

There is one thing that caught my attention though and that is that there is a monthly HOA fee of $130-148 per month, most likely based on the size of the unit.  Before I bought my condo, I looked at townhouses in a gated community that was very similar to the one at TRATL.  They had an association fee also but it was billed yearly for roughly the same amount as the monthly at The Retreat.

((Even detached single family homes in these kind of communities can be sold as a condo.  While I was learning more, what I learned best is "I got no idea!"))

Offline whitecap333

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Re: Sybrina Fulton and Twin Lakes HOA being sued by insurance co?
« Reply #21 on: August 07, 2012, 04:11:21 PM »
As an afterthought, perhaps I should mention that the sum mentioned in the declaratory judgment suit, $75,000, is just to satisfy the minimum jurisdictional requirements of the court.  It has no other significance. 

 

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